Jennings v Wilden

The appeal in *Jennings v Wilden* concerned a civil claim brought by the respondent against the appellant for damages arising from alleged forced sexual intercourse without consent within marriage. The appeal was brought by the appellant against the findings of liability made by the District Court.

The Court of Appeal was required to determine two primary legal issues. Firstly, whether the trial judge erred in their application of the standard for appellate review of findings of fact, particularly in relation to the appellant's evidence, and whether this led to a reversal of the burden of proof. Secondly, the Court considered whether the award of $100,000 for future economic loss was excessive and unsupported by the evidence presented.

The Court of Appeal dismissed the appeal, upholding the judgment of the District Court. The judges found no error in the trial judge's assessment of the evidence and the application of the relevant legal principles concerning consent within marriage in civil proceedings. The Court also found that the award for future economic loss was not demonstrably excessive or unsupported by the evidence.

Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs in the Court of Appeal.